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st.G T CITY OF ORONO RESOLUTION OF THE CITY COUNCIL l k tiG NO. 7387 SHO yard setback variance allowing the retaining walls within the average lakeshore, setback, bluff and 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. B12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The proposed improvements and as- constructed walls within the lake yard will continue to preserve the integrity of the slope and there is no conforming location to install the retaining walls which would protect the slope. Preserving the existing walls is necessary for the protection of the slope and the lake. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants approval of after-the-fact variances pursuant to Orono Municipal Zoning Code Section 78-1279 and 78-1680 to allow the reconstruction of the existing retaining walls with expansions including installation of a replacement lakeside deck and shed, according to the approved plan, subject to the following conditions: C1.Council approval is based on the entire record, above Findings. C2.The project shall conform to the survey and submitted plans (hereinafter the "Plans") submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A and B. C3.The Applicants shall install landscaping which shall provide as much vegetative screening of the walls and other improvements when viewed from the lake as feasible. C4.The Applicants shall assure that the walls near the property lines will not adversely impact stability for the adjacent neighboring slopes. Field adjustments shall be made to the ends of the walls to assure adequate support. C5.Any amendments to the Plans which are not in conformity with City codes may require further Planning Commission and City Council review. C6.Upon approval of the after-the-fact variances the City will release the Stop Work order for building permit RAS22-000082. C7.An As-Built survey meeting the City's standards shall be provided by the Applicants upon completion of the lakeshore construction and the home construction projects. 5